Surender vs State of Haryana

Ram Chand Gupta, J.—The present petition filed u/s 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 64, dated 24.1.2011, under Sections 363, 372, 120-B, 216, 376 and 506 IPC, registered at Police Station Samalkha, District Panipat, Haryana. I have heard learned counsel for the parties and have gone through the whole record carefully.

It has been contended by learned counsel for the petitioner-accused that prosecutrix was more than 18 years of age at the time of alleged occurrence and that she had married petitioner of her free consent and that they had also sought protection of their life and liberty by filing Crl. M. No. M-2838 of 2011 in this Court. Further contends that petitioner has been continuing in custody since 13.1.2012 and that trial is not likely to be concluded in near future as whereabouts of prosecutrix are not known to the prosecution and'' hence, she could not be examined.

These facts have not been disputed by learned State counsel. Even as per reply filed on behalf of the State, prosecutrix was more than 18 years of age at the time of alleged occurrence.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Surender for grant of regular bail is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Panipat.